Risk Management - Part 3 of 4

In a Trade News Release issued on 15 February of 2011, OSHA issued the Enforcement Guide for PPE to provide enforcement personnel with instructions for determining whether employers have complied with OSHA personal protective equipment (PPE) standards.

OSHA's PPE standard (29 CFR 1910.132[h]) says that employers must pay for most types of PPE when used by employees exclusively in the workplace – not for personal or off-hours use.

The general rule is that the employer must pay for PPE whenever an OSHA rule explicitly requires it, such as for respiratory or hearing protection.

OSHA's "employer pays rule" also mandates that you pay to replace required PPE on a regular basis. But you don't have to pay to replace PPE  still in safe condition.

Sometimes an employee decides to buy their own PPE. If an employee buys their own PPE and it is suitable (compliant) to use at work, you are not required to reimburse the employee. For instance, an employee may decide to upgrade the quality of their safety shoes.  The employer is not required to reimburse the employee for the upgrade nor to replace the boots with a similar product when worn.

You also don't have to pay for replacement PPE if the employee has lost the item due to negligence or has intentionally damaged the PPE (1910.132[h][5]).

OSHA recommends that you establish a policy to clarify PPE payment and replacement rules so that both employees and supervisors understand requirements concerning matters such as:

• Define normal wear and tear - what service life to expect.

• PPE which is lost or damaged due to negligence (vs. uncontrollable circumstances).

• How to properly use, maintain and store PPE.

• Company position on use of PPE for personal activities which are not related to work.

OSHA’s final rule to revise the personal protective equipment (PPE) sections of its standards: http://edocket.access.gpo.gov/2009/E9-21360.htm

http://www.osha.gov/OshDoc/data_General_Facts/ppe-factsheet.pdf

http://www.osha.gov/OshDoc/data_BloodborneFacts/bbfact03.pdf

See our Web site: SafetyRich

Spotted! #3.

This was taken at a historic high school just a few blocks for my house. I heard two men talking and turned around to see this scene.  The building is a beautiful Art Deco style which was recently remodeled.  The word “Auditorium” in large aluminum letters can now be seen on the overhang where the men are standing.

Simply, the two primary violations are:          1. The wrong ladder was used for access. an extension ladder would have been a safer choice. When the worker is stepping between the roof and the ladder, there is a good chance the ladder will fall away from the structure.

2. The second obvious violation is that the men are working more than six feet above the lower level without Fall Protection.  The roof of the structure is easily accessible and has several suitable anchorage points.

The other violations are not so obvious. A simple assessment of the hazards of this work could have been completed in very little time. The workers could then be trained in the hazards they would face and how to protect themselves from the hazards. Proper planning, supervision and training would have prevented these workers being exposed to serious hazards.

The building is on the campus of Lamar High School, a part of the Houston Independent School District – one of the largest school systems in the country. It is surprising that a school system would have such a failure to address safety issues and protect its workers.

These men have families who would love for them to come home at the end of each day. What project completion schedule was so important that it overruled common sense and the need to protect the workers?

See our Web site: SafetyRich

Risk Management - Part 2 of 4.

From Engineering in Part 1, we move to Work Process Design in the progression of eliminating or minimizing hazards to the worker. Each step is increasingly more difficult, complex and expensive than the prior step. Where we looked at the overall project in Step 1, we now look at the individual tasks with the goal of minimizing worker exposure to specific hazards we could not eliminate.

In the Engineering step we identified the safest possible material which could be used. In Work Process Design we consider tools, aids and guards (below) to isolate the worker from direct contact with the work or material; or to isolate the worker from the work point where the tool contacts the material.

Tools might be the actual tool to do the work such as cutting, scraping; or a power tool to replace a hand tool. Select tools which are effective in doing the work and isolate the worker from hazards wherever possible. A tool might be used to reach into a machine to insert or adjust material. A tool might be a large machine such as a crane or forklift.

Aids are items which not only minimize obvious hazards, but reduce the chances or ergonomic injuries such as proper seating/positioning and lift tables. An aid in Work Process Design might be simple common sense such as storing heavy objects on lower shelves to minimize lifting.

Guards may be on the machine or equipment, or they may be work on the person, such as a face shield. Face shields come under the category of PPE which we cover in Part 3 of this series. Guards are required on machines to protect the worker from exposure to hazardous tools and work points. See http://safetyrich.blogspot.com/2011/06/spotted-2.html for an extreme example of the failure to use guards to protect the worker.

If you have an example of a task where you are deciding on a solution to protect the worker, let us help.  Send your question to: SafetyRich@gmail.com. If it is an existing situation, a picture or video can help. This service is to help the worker, so we conduct the analysis at no charge, with no obligation.

The process of Risk Management is to protect the worker from harm. We begin by Engineering safety into the project. Then we do Work Process Design to make the task safer. When we reach a point where hazards can no longer be eliminated or minimized, we provide Personal Protection Equipment (PPE) to protect the worker.  Part 3 of 4 discusses the selection use and maintenance of PPE.

See our Web site: SafetyRich

Risk Management - Part 1 of 4.

In May 2011 (http://safetyrich.blogspot.com/2011/05/four-levels-of-protection-from-hazards.html), we wrote about the four levels of activities which will protect workers. We called the first one Engineering because it comes in at the very start of a project. The best time to introduce this step into the process is as the bid is being prepared.

A primary axiom in Risk Management is that the earlier you consider action, the cheaper and more effective it is.  That speaks directly to the benefit of considering actions to improve safety.

When the Project Manager (or whoever is preparing the bid) looks at the specifications and other details of the project, the site, type of work, equipment and material is considered.  Required worker skills are determined. This is the time to focus on safety – early, before money has been spent and other resources committed to the project.

We begin by identifying the Probability of Occurrence – how likely it is that an event will occur. The next step is to identify the Severity of the harm or danger should the event occur. A fatality typically has a low probability of occurrence, but a high severity. On the opposite end of the injury spectrum, a small cut or abrasion has a high probability of occurring, but a low severity.

Now let’s get to the task of making the job safer. First, list all aspects of the work from high to low risk. Second, list everything that could go wrong – include worst case scenarios. Finally, decide how the risk is to be eliminated or minimized – Risk Management – in the next two steps: Work Process Design and protecting the worker with PPE when the hazards cannot be totally eliminated. We will cover those two in later articles.

See our Web site: SafetyRich

Incident Investigation from 350 Miles.

As a witnesses in court cases, and as safety consultants, we are often required to analyze incidents from a distance. Monday (20 June 2011) morning, a Suspended Scaffold fell onto a Self-Supported Scaffold in Abilene, Texas. This analysis is based on written and televised accounts.

According to the accounts, a Suspended Scaffold (also called Swing Stage) fell onto a Self-Supported Scaffold, trapping two workers, causing minor injuries to both.  One televised account is here: http://www.ktxs.com/news/28302198/detail.html.

Note that the “eyewitness” interview in the report has his hard hat on backwards. That is a violation because the helmet was not designed to worn like that, so it prevents the suspension system from properly protecting the worker. Worse than putting the worker in danger is that it can be an indicator of the safety culture (or lack thereof) of the contractor.

Most important is what we see involving the Suspended Scaffold.  It is a near impossibility for a Suspended Scaffold to fall if the anchor system and installation are done according to OSHA and industry regulations. A Suspended Scaffold has a lifting hoist connected by cables to beams on the roof. The beams are counter-weighted and should have a safety line anchored to the building.  The entire system has at minimum a four times (4X) safety factor. For a Suspended Scaffold to fail, several redundant, over-designed systems must all fail.

The workers are, by law, required to have a Personal Fall Arrest System consisting of a harness and a lanyard, connected to a lifeline which is anchored separately from the scaffold rigging. If the worker in this incident had been properly tied off, he would not have fallen with the scaffold.

It does not take a trained safety professional to see that these workers were extremely fortunate.  They were very likely not properly trained, they were certainly not properly rigged.  Their employer simply put profits, speed and expediency ahead of any concern for their lives.

Don’t be that company. Follow the rules designed to keep workers safe and allow them to return home after their work shift.

See our Web site: SafetyRich

Predicting incidents.

We love to use this poignant quote whenever anyone says “we’ve never had an accident/fire/injury/claim/problem”:

“When anyone asks me how I can best describe my experience in nearly forty years at sea, I merely say, uneventful. Of course there have been winter gales, and storms and fog and the like. But in all my experience, I have never been in any accident … or any sort worth speaking about. I have seen but one vessel in distress in all my years at sea. I never saw a wreck and never have been wrecked nor was I ever in any predicament that threatened to end in disaster of any sort.”

Edward J. Smith, 1907
Captain, RMS Titanic, 1912

Captain Smith was planning to retire after the maiden voyage of Titanic.  He is also quoted as saying: “This vessel could be cut in halves and each half would remain afloat almost indefinitely. The non-sinkable vessel has been reached in this wonderful craft.”

Not too much has changed in 100 or so years and we still find a lot of ignorance and a lack of risk awareness at the site level (We’ve never had a fire, claim, Lost time injury etc).

See our Web site: SafetyRich

Spotted #2

This is why people get hurt: Because their employer simply does not care.

Watch this video demonstration by JWC Environmental (http://www.jwce.com/products/) showing the awesome power of an industrial shredder that will destroy everything:  http://www.youtube.com/watch?v=ibEdgQJEdTA&feature=player_embedded then come back and read what should have happened.

Machine guards: Except when they were feeding canned goods, there was no guard in place to protect the workers from being pulled into the machine.  Several excellent solutions are on the market to protect workers from being exposed to harm.  Also note the loose clothing which can catch in the machine.  Several workers each year suffer amputations and fatalities from being pulled into shredders.

PPE: The workers, for the most part, had no Personal Protective Equipment such as gloves and safety glasses.

I cannot vouch for JWC’s products, but I can vouch for their total disregard to the safety of their workers.  I am sure they had fun making the demo videos. That fun would have come to a sudden and dramatic end had something happened.

They knew the hazards, yet chose to ignore them.

They knew the rules – in some of the shots workers were protected – but chose to ignore them.

The company knew the hazards of exposing workers to the machine, yet chose to ignore those hazards because it was more impressive.

Place the health and safety of workers first.  They want to go home after every shift to their families and hug them with both arms.

See our Web site: SafetyRich

Training - part 2 of 2.

As we covered in Part 1, OSHA requires training at two times.  The “initial assignment” part is simple: employers should train employees before they begin to work.  Most employers off an orientation session to show new employees where to park, how to report work hours and what to do if they are ill.  The orientation is a good time to conduct basic safety training.  Show new employees how to recognize hazards and what work rules apply regarding PPE and other safety requirements.

The second time training is mandated is when changes occur.  Generally, if the employee is assigned to a different location or task, training is required to inform the employee of new hazards.  If new hazards are introduced, the employee must be trained to deal with the new perils.  Finally, if new safety standards are applied, the worker must be made aware of the new requirements for compliance.

Sometimes special training is required.  Workers may be assigned a task that requires special skills such as welding or machining or acting as a First Responder, reacting to various emergencies.  The law is not exactly clear on the requirements for training workers for these special tasks other than requiring that the worker be competent.

Specific training required for operators of cranes, forklifts, trucks and other equipment under the class called PIV – Powered Industrial Vehicles.  If the vehicle is to be operated on public roads, licensing by the proper authority is required. Training content for operating vehicles within a company facility is not spelled out.  An operator of a PIV is not required to learn a specific set of skills.  All that is required is that the employer be certain the operator is capable and competent.  Good policy is for a company to have their PIV operators trained and tested, then issue Operator Licenses that can be revoked when violations occur.  An incompetent PIV operator can do a lot of damage to facilities and products.  They can harm many people if he/she does not know what they are doing.

A good training plan defines who is to be trained, the content and schedule of the training.  OSHA frequently looks for training plans and records on their inspections.

See our Web site: SafetyRich

Spotted.

On 12 May, we posted an article about OSHA’s General Duty Clause.  In that post we included a picture of a work site where we listed several violations.  The Spotted posts are now a regular feature of our blogs.

We took the following picture while out running errands.  Two young men were removing the sign of a store which had closed.  We called the company they worked for, the manager said that the company had a solid safety plan and that all workers were required to sign a document promising to follow company safety standards. 

Violations:

1. Failure to wear proper Fall Protection.  Federal law requires employees working at more than six feet (6’) above the lower level to wear PFAS – Personal Fall Arrest System.  A PFAS consists of an Anchor, Lanyard and Harness.

2. Failure to wear proper PPE – personal Protective Equipment.  In this case, Hard Hats would be required because there is a clear hazard overhead.

Presumably, these men have loved ones who would like to have them return safely at the end of every day.  Their health and lives are at risk because their employer has failed to enforce rules written to protect them.

Every day, men and women go to work putting their health and lives in the hands of an employer.  Every day in the U.S., 15 of these workers are killed, leaving a family and friends behind.

Nearly every time we go out, we spot workers in danger.  When we can get a picture we plan to post it here as a Spotted feature.

See hundreds of work-pictures at SafetyPhoto.

Visit our Web site: SafetyRich

Update: Fall Protection For Residential Builders.

This article is a follow-up to our original post on 10May:  Fall protection for Residential Builders.  Portions in bold added 11 June 2011,

On Thursday, 9 June 2011, 7 days before enforcement of the new Fall Protection For Residential Builders directive begins, following intense lobbying by the NAHB and lawsuits filed to prevent enforcement, OSHA has issued a Trade Release easing the rules for 90 days. 

Fact is that men are dying from falls off of roofs because they are not protected.  The cost to train workers and provide PFAS (personal fall arrest systems: anchors, lanyards, harnesses) is minimal and sure to save lives.  If you or someone you know is building or remodelling a home, insist they protect their workers with Fall Protection.

The three month phase-in period runs 16 June - 15 September 2011. During this time, if the employer is in full compliance with the old directive (STD 03-00-001), OSHA will not issue citations, but will instead issue a hazard alert letter informing the employer of the feasible methods they can use to comply with OSHA’s fall protection standard or implement a written fall protection plan. If the employer’s practices do not meet the requirements set in the old directive, OSHA will issue appropriate citations.

If an employer fails to implement the fall protection measures outlined in a hazard alert letter, and during a subsequent inspection of one of the employer’s workplaces OSHA finds violations involving the same hazards, the Area Office shall issue appropriate citations.

The new directive, Compliance Guidance for Residential Construction (STD 03-11-002), a detailed description of the phase-in policy, a presentation and other guidance materials about requirements for protecting workers from falls are available at http://www.osha.gov/doc/residential_fall_protection.html.

The equipment and training to comply with the directive are suprisingly affordable.  For just a few hundred dollars, reusable equipment can be purchased to fully meet the regulations to protect each worker.  With an extra 90 days, there is not reason to not be in compliance.

SafetyRich can provide Fall Protection training and recommend equipment to help you protect your workers.

See our Web site: SafetyRich

DOL-OSHA removes requirements, streamlines and simplifies standards.

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration announced the release of a final rule that streamlines and simplifies standards while reducing employer burdens.  The published rule will help keep OSHA standards up-to-date and better enable employers to comply with their regulatory obligations.

“The final rule is the third in OSHA’s Standards Improvement Projects initiative that periodically reviews OSHA regulations with the goal of improving and eliminating those that are confusing, outdated, duplicative or inconsistent,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “OSHA estimates that the final rule, without reducing employee protection, will result in annual cost savings to employers exceeding $43 million and significant reductions in paperwork burden hours.”

These updates will be in line with the goals of the president’s Executive Order 13563, “Improving Regulation and Regulatory Review,” issued Jan. 18 to simplify standards and reduce unnecessary regulatory burdens.

The executive order is available at http://www.regulations.gov/exchange/sites/default/files/doc_files/President's%20Executive%20Order%2013563_0.pdf.

The rule will update OSHA’s standards and identify requirements for revision based on an agency review, comments from the public and recommendations from an Office of Management and Budget report. It builds on the

The new rule will result in several changes to OSHA’s existing respiratory protection standard, including aligning air cylinder testing requirements for self-contained breathing apparatuses with U.S. Department of Transportation regulations, clarifying that aftermarket cylinders meet National Institute for Occupational Safety and Health quality assurance requirements and clarifying that the provisions of Appendix D, which contains information for employees using respirators when not required under the standard, are mandatory if the employee chooses to use a respirator.

Other changes to result from the new rule will include updating the definition of the term “potable water” to be consistent with the current Environmental Protection Agency standards instead of the former and outdated Public Health Service Corps definition, removing the outdated requirement that hand dryers use warm air because new technology allows employers to use hand-drying products that do not involve hot or warm air and removing two medical record requirements from the commercial-diving standard because that standard no longer

Updates also will include deleting a number of requirements for employers to transmit exposure and medical records to NIOSH, thus saving NIOSH significant costs to store and maintain the records.  According to NIOSH, these records did not serve a useful research purpose.  The slings standards also will be updated and streamlined by requiring that employers use only slings marked with manufacturers’ loading information.

There will not be any new requirements set by this rule, so employers will be able to comply with it immediately. 

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

See our Web site: SafetyRich

Training - Part 1 of 2

Training is required by law.  OSHA requires training, but is rarely specific about what training is required.  In the Introduction to OSHA training session, the first action required of workers is “Read the [OSHA] poster.”  The OSHA poster contains a good deal of information for the worker about awareness and reporting of hazards – the basis of training.

Training is required at two times: 1) On initial assignment; and 2) When the assignment, hazards or standards change.  These two consist of basic safety training, plus training in special skills or hazards for workers who might be exposed to those hazards.  All employees need to be trained in basic safety, but not all workers need training in welding, fighting chemical fires or driving forklifts.

OSHA provides, but does not mandate the content of most training.  The 10-hour or 30-hour courses presented by Outreach Trainers are not mandatory – the content is partially mandated, for issuing cards proving completion of the courses, but the courses themselves are not mandatory.  The 10- and 30-hours courses do present a “shorthand” to describe the content of the courses, thus the understanding that the worker has a base level of knowledge.

In the area of specialized training, OSHA does not mandate content.  The mandate from OSHA is that the employer must be satisfied that the operator has the skills and the hazard and safety rules awareness to be a forklift operator.  More on this subject in Part 2.

A fairly recent development is the requirement for presenting all training in the worker’s Language of Understanding.  The Language of Understanding refers to the primary language spoken and understood by the workers, modified to his/her education level.  Courses must be presented in a language and at a level understood by the workers in the course.  It is a citable violation to do otherwise.

This brings us to discussing Training Records.  Clients and OSHA frequently request training records.  Clients want proof of training to meet internal and insurance requirements.  OSHA looks for proof the employer has met the training obligation.  Failure to properly train can be cited.

Training is the law and has a proven direct and indirect financial benefit in reducing injuries and illnesses. 

See our Web site: SafetyRich

OSHA Visits.

Hardly a day goes by that I do not get an email advertising a seminar on what to do if OSHA makes a visit.  Our suggestion is to offer them coffee.  Realistically, according to OSHA, if an employer has fewer than 50 workers and a DART rate of less than 6, a visit from OSHA is not likely.  On the other hand, if a construction company is conducting unsafe work outside, an OSHA visit is nearly a certainty.

If OSHA drops by, contact your Safety Manager immediately.  If the Safety Manager is at hand, the OSHA representatives are usually willing to wait a short time for him/her to show up.  Do not, under any circumstances, delay the OSHA representative.  You are allowed to have your top safety person and an “employee representative” along on the inspection, but you are not allowed to delay the proceedings.

Every OSHA inspector conducts their visits differently, but most of the time, they will need the same information.  This covers the process of many inspections.  The important thing to remember is that OSHA’s mission is to protect the worker.  If the workers are safe and the employer is complying with the law, there is absolutely nothing of concern.

Be sure the form 300 reporting injuries/illnesses and all training records are current and available.  The 300 report should be current to at least the prior day.  Training records should be fully current unless a class is being conducted.  The law requires training a) on initial assignment and b) if the assignment, work conditions or regulations change; or if new hazards are introduced.  There is no wiggle room here, but the law is quite simple to understand and to meet.

If the facility is a factory or if work is being conducted, the inspector will probably want to walk around the place.  During the inspection, the OSHA representative has the right to speak privately with employees.  As we said above: If the workers are safe and the employer is complying with the law, there is absolutely nothing of concern.

Have a safe work environment, keep training and records up to date, obey the law – OSHA’s visit will be simple, painless and free of citations.  If the inspector does give suggestions on items which need corrected, do them immediately.

Since 1971, OSHA’s mission has been to protect the worker.  To fulfill this mission, OSHA has created standards which must be met – it’s the law.  Protect workers and obey the law.

See our Web site: SafetyRich

Heat Stress

A weather report on Sunday said the we are now officially at the start of a typical Houston Summer: highs temps in mid-upper 90s, low in mid 70s to mid 80s yes, that is a perfect description of a typical southeast Texas Summer.  And many other places around the world, for that matter.

Heat-related illness (Heat stress) happens when the body is not able to cool itself and the body overheats.  Heat stress can cause injury, disability or death, but it is preventable.  OSHA has a strong focus for 2011 and an excellent page dedicated the subject: http://www.osha.gov/SLTC/heatillness/edresources.html.

Be aware of two kinds of Heat Stress: Heat Exhaustion, a serious condition and Heat Stroke, a medical emergency requiring immediate care.  The above OSHA page has a good number of publications in both English and Spanish.  See the OSHA•NIOSH Information sheet at: http://www.osha.gov/Publications/osha-niosh-heat-illness-infosheet.pdf for basic details about prevention, symptoms and treatment of the various heat-related conditions.

Before workers have symptoms is the time to take action with prevention.  Work in the shade wherever possible, make sure the workers have water and drink small amounts frequently.  Sport drinks that replace electrolytes are good, but plain water is best overall.  Sugared and carbonated drinks are better than nothing, but a poor choice for dealing with heat illness prevention.  Take frequent cool-down breaks.  Be most aware (and take more preventive action) when employees are doing heavy work in direct sunlight.

OSHA has clear standards for protecting workers from Heat Stress hazards.  Train your workers in the hazards and in preventing their own exposure.  The resources page above includes information in employee’s “language of understanding” – spoken and educational level.

See our Web page: SafetyRich